Civil Mediation Council

Civil Mediation Council
Name	Civil Mediation Council
Formation	2003
Type	Non-profit
Headquarters	United Kingdom
Leader title	Chair

Civil Mediation Council The Civil Mediation Council is a United Kingdom-based umbrella body promoting civil, commercial and workplace alternative dispute resolution practices and mediation standards. It engages with institutions such as the Ministry of Justice (United Kingdom), Equality and Human Rights Commission, Crown Prosecution Service, and professional bodies like the Bar Council and Law Society of England and Wales. Serving as a hub for mediators, legal firms, insurers and corporate users, it interacts with entities including the UK Supreme Court, Parliament of the United Kingdom, UK Civil Service, and devolved administrations such as the Scottish Government and Welsh Government.

History

The Council was formed in the early 21st century amid reforms influenced by reports from figures such as Sir Rupert Jackson, inquiries like the Woolf Report, and policy shifts under administrations including those led by Tony Blair, Gordon Brown, and David Cameron. It evolved alongside initiatives by the Civil Justice Council, pilot schemes in London, and programmes supported by the Ministry of Justice (United Kingdom). The body has responded to developments from tribunals including the Employment Appeal Tribunal and judgments from the Court of Appeal of England and Wales and has monitored legislative changes such as the Civil Procedure Rules and the Human Rights Act 1998.

Structure and Governance

Governance comprises a board and committees with connections to institutions like the Charity Commission for England and Wales, Companies House, and professional regulators such as the Solicitors Regulation Authority and the Bar Standards Board. Chairs and directors have come from sectors represented by organizations including the Institute of Directors, Confederation of British Industry, Federation of Small Businesses, and trade unions such as the Trades Union Congress. The Council liaises with dispute resolution networks like the Centre for Effective Dispute Resolution and interacts with international bodies including UNCITRAL, the European Commission and the Council of Europe.

Standards and Accreditation

The Council develops standards paralleling guidance from the International Mediation Institute, the Chartered Institute of Arbitrators, and quality frameworks used by bodies like the British Standards Institution. Accreditation schemes are informed by precedent from courts such as the High Court of Justice and oversight from regulators including the Financial Conduct Authority where mediation intersects with financial disputes. Standards align with equality work overseen by the Equality and Human Rights Commission and professional ethics from the Bar Standards Board and Solicitors Regulation Authority.

Training and Membership

Training pathways reference curricula similar to those promoted by universities such as University of Oxford, University of Cambridge, King's College London, London School of Economics, and vocational providers such as the College of Law. Membership draws mediators from backgrounds including judiciary figures from the Magistrates' Court, retired judges of the Court of Appeal of England and Wales, practitioners from the Family Division, and corporate counsel from companies like BT Group, Rolls-Royce, and HSBC. It engages with professional bodies including the Royal Institution of Chartered Surveyors, Chartered Institute of Personnel and Development, Association of Chartered Certified Accountants, and insurers such as Aviva and Lloyd's of London.

Role and Activities

Activities include promoting mediation in sectors covered by institutions like the National Health Service (England), Ofcom, Competition and Markets Authority, and regulators such as the Financial Reporting Council. The Council organises conferences with speakers from academia at London School of Economics, practitioners from chambers such as Brick Court Chambers, and international delegates from bodies like the United Nations and European Court of Human Rights. It publishes guidance used by employers including Unilever, Tesco, and Barclays, and advises courts, tribunals and professional bodies including the Crown Court and the Employment Tribunal.

Impact and Criticism

Supporters cite improved settlement rates similar to programmes advocated by Sir Rupert Jackson and piloted in jurisdictions like Australia and Canada; critics question oversight, citing debates appearing before committees of the House of Commons and analyses by think tanks such as the Institute for Government and the Resolution Foundation. Concerns reference access considerations highlighted by advocacy groups including Citizens Advice and legal charities such as LawWorks and Justice (organisation), and debate about compulsory mediation proposals discussed in forums involving the Bar Council and Law Society of England and Wales.

Category:Dispute resolution